Order by Privy Council of Great Britain committee concerning a petition from William Smith concerning the actions of George Burrington

Great Britain. Privy Council

December 17,
1731

Volume 11, Pages 16-17

[B. P. R. O. Am: & W. Ind: vol: 114.]

At the Council Chamber Whitehall the 17th day of December 1731. By a Committee of the Lords of His Majestys most Honourable Privy Council.

His Majesty having been pleased by His Order in Council of the 29th of last month to referr unto His Committee the humble Petition of William Smith Chief Justice of North Carolina on the behalf of the Assembly several Members of the Council the principal Inhabitants Planters Merchants Patent Officers and Traders of His Majesty's Said Province containing Several Articles of Complaint against George Burrington Esqre His Majesty's Governor of that Province. Their Lordships this day taking the same into consideration and thinking it proper before the hearing of the said Petition of Complaint that a Copy thereof should be transmitted to said Governor for his answer are thereupon pleased to order that a Copy of the said Petition and Complaint (which is hereunto annexed) be transmitted to the said Governor who is hereby required to return to this Board an answer thereunto together with such depositions or other proofs as he shall think necessary to support the same and that free liberty be given to the Complainant or his Attorneys or any other persons concerned to make Affidavit before any Judge or Magistrate in the said Province of what they know touching the same and that such Judge or Magistrate do

-------------------- page 17
--------------------

summon before them such Persons as the Complainant or his said Attorneys shall name which the said Governor is to signify to such Judge or Magistrate as soon as may be and that the Complainant or his attorneys do deliver unto the said Governor Authentick Copy of such affidavits as shall be made in this matter as also that the said Governor do deliver unto the said Complainant or his Attorneys a Copy of his answer and of such Depositions as he shall think necessary for his defence within the space of one month after the receipt of this order as also that within twenty days after receiving each others proofs the Sd Govr do in like manner exchange with the said Complainant the Replys that shall be made by affidavits or otherwise before they be transmitted to their Lordships and that the whole proceedings herein be returned to this Board under the Seal of the said Province within the space of six months from the date hereof And His Majtys said Govr of No Carolina & all others whom it may concern are to take notice hereof & govern themselves accordingly. And in regard Mr Lovick late Secry of the said Province & Mr Little late Receiver thereof are charged in the said Petition of Complaint with having let out great quantitys of Land at a low Quit Rent without any authority from the Crown on the late Proprietors of the Provinces & without having rendered any account thereof to His Majty The Lords of the Committee do therefore hereby order that Copys of the said Petition be likewise transmitted to the said Mr Lovick and Mr Little.